European Union Lawmakers Agree To New Rules That Bolster Gig Worker Rights

An anonymous reader quotes a report from TechCrunch: Some two years of talking about gig worker rights later and European Union lawmakers have finally reached a deal on the final shape of the Platform Worker Directive. [...] The Commission presented its original plan to reform labor laws to boost protections for platform workers back in December 2021, setting out a presumption of employment for workers in a bid to flip the odds on gig economy exploitation. But the proposal proved contentious, with heavy industry lobbying from tech platforms such as Uber pushing for gig workers to be carved out of Europe's employment protections. There were also divisions between Member States over how much worker protection vs platform shielding they were prepared to commit to. But after a final trilogue, lasting more than 12 hours, a provisional agreement has been clinched. The deal that's been provisionally agreed means a presumption of an employment relationship between a gig worker and a platform will be triggered when two out of a list of five "indicators of control or direction are present," as the parliament's press release puts it. "This list can be expanded by Member States. The presumption can be triggered by the worker, by their representatives, and by the competent authorities on their own initiative. This presumption can be rebutted if the platform proves that the contractual relationship is not an employment relationship," it adds. The agreement also contains transparency provisions that will require platforms to provide information to individuals performing platform work (and to their representatives) about how the algorithms that manage them work; and how their behavior affects decisions taken by automated systems. [...] The provisionally agreed new rules will also ban platforms from taking "certain important decisions," such as dismissals or decisions to suspend an account, without human oversight. Per the parliament, the agreed text also ensures "more human oversight on the decisions of systems that directly affect the persons performing platform work"; and obliges platforms to "assess the impact of decisions taken or supported by automated monitoring and decision-making systems on working conditions, health and safety and fundamental rights". So conducting data protection impact assessments looks set to be a hard requirement for complying with the new law. Another prohibition that's been agreed is a ban on platforms from processing certain types of personal data of workers, including personal beliefs, private exchanges with colleagues, or when a worker is not at work -- with the Directive billed as beefing up data protection rights for platform workers. Other provisions in the provisional deal include a requirement for platforms to share information on self-employed workers in their employ with competent national authorities and representatives of those performing platform work, such as trade unions. Measures to prevent platforms from circumventing the rules by using intermediaries has also been agreement -- a practice that's stepped up considerably in Spain since the country introduced its own labor reform, back in 2021, with the aim of forcing platforms to hire delivery workers. Some key details of exactly what's been agreed remain under wraps -- and full visibility and analysis of the ramifications will likely have to wait for a consolidated text to emerge in the coming weeks/months. [...] The final text still needs to be voted on by the Council and Parliament before it can be adopted as pan-EU law. What implementation period has been agreed also isn't yet clear. But today's political deal signals the train has now left the station.

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